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VETERANS' ENTITLEMENTS ACT 1986 - SECT 113 Time for applying for funeral benefit

VETERANS' ENTITLEMENTS ACT 1986 - SECT 113

Time for applying for funeral benefit

  (1)   Subject to this section, application may be made to the Commission for the grant of a funeral benefit under section   99 or 100 in respect of the funeral of a person, being:

  (a)   a deceased veteran;

  (b)   a deceased dependant of a deceased veteran;

within 12 months after the death of the person.

  (2)   Where, after the death of a veteran, a decision is made under this Act:

  (a)   determining that the death was war - caused;

  (b)   granting a pension under Part   II in respect of the veteran, as from a date before the death of the veteran:

  (i)   at a rate that is worked out under subsection   22(4); or

  (ii)   at a rate that is worked out under section   24; or

  (iii)   at a rate that is worked out under section   27 because the veteran was suffering from incapacity from a war - caused injury or a war - caused disease of a kind described in any of items   1 to 8 of the Table in subsection   27(1); or

  (c)   increasing the rate of the pension granted to the veteran under Part   II as from a date before the death of the veteran:

  (i)   to a rate worked out under subsection   22(4) or section   24; or

  (ii)   to a rate worked out under section   27 because the veteran was suffering from incapacity from a war - caused injury or a war - caused disease of a kind described in any of items   1 to 8 of the Table in subsection   27(1);

application for the grant of a funeral benefit under section   99 in respect of the funeral of the veteran may be made to the Commission within the period of 12 months after the date on which that decision was made or within the period of 3 months after the date on which the Veterans' Affairs Legislation Amendment Act 1987 received the Royal Assent, whichever last expires.

  (3)   Where, after the death of a veteran, the Commission gives an approval of a kind referred to in subsection   99(3) in relation to the veteran, application may be made to the Commission for the grant of a funeral benefit under section   99 in respect of the funeral of the veteran within 12 months after the date on which that approval was given.

  (5)   Application made to the Commission for the grant of a funeral benefit under section   99 or 100 in respect of the funeral of a person after the expiration of the period specified in subsection   (1), (2) or (3) of this section, whichever is applicable, is of no force or effect.

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